Back
RAJBIR SEHRAWAT
Manpreet K. I. Singh – Appellant
Versus
Amit Singla – Respondent
JUDGMENT
Mr. Rajbir Sehrawat, J. (Oral)
This is a petition filed under Article 227 of the Constitution of India challenging the order dated 12.02.2018 passed by the Civil Judge (Junior Division), Chandigarh, (hereinafter referred to as 'the Executing Court'), whereby in an execution petition filed by the petitioner, an application filed by respondent No.3-Manmohan Singh Jakhar, the legal representative of Gurpreet Jakhar, has been allowed; and the possession of the rented premises has been ordered to be handed over by the evicted tenant to the respondent No.3-Manmohan Singh Jakhar.
2. The brief facts of the present petition are that the House No.1392, Sector 33-C, Chandigarh, was owned by one Satinder Pal Kaur. She had executed a Will dated 14.04.2004 in favour of the present petitioner and respondent No.3-Gurpreet Jakhar, whereby the entire ground floor of above-said house was bequeathed in favour of respondent No.3-Gurpreet Jakhar and the first floor was bequeathed in favour of the present petitioner. Some dispute arose between the parties regarding the said Will. The matter had reached to this Court vide FAO No.1858 of 2010. By way of acceptance of the Will and on the statements m
The judgment establishes the principle that in statutory proceedings, the Authorities can incidentally go into the question of title to determine the proceedings before them, but the question of titl....
A party not involved in eviction proceedings cannot challenge the decree, and the burden of proof lies on the objector to establish ownership and tenancy.
The court affirmed that objections to eviction orders must be based on valid claims of possession; mere assertions without evidence of ownership or possession cannot delay lawful eviction processes.
Tenancy and Land laws - Eviction - There is nothing that petitioners have been able to bring forth to indicate that finding has been arrived at by a misreading of facts or omitting relevant evidence ....
The main legal point established in the judgment is the requirement for the tenant to establish a prima facie case at the stage of seeking leave to contest under Section 25B of the Delhi Rent Control....
The court held that the Rent Control and Eviction Officer lacked jurisdiction to declare the property vacant as no landlord-tenant relationship existed between the parties.
A tenant cannot dispute the title of the landlord, and genuine need for premises must be established without alternative accommodation for eviction to be warranted. Adverse possession claims require ....
Point of law: Interference would be justified only in the event the view taken by the Rent Controller and the Tribunal is entirely arbitrary and perverse or in excess of jurisdiction.
Point of Law : In light of provisions of Section 63(c) of Indian Succession Act, 1923 and Section 68 of Evidence Act test shall be as to whether testator signed Will and whether he understood nature ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
